1976, May, Pg. 605. Legislative Action Report.

• Author: by Gordon G. Gauss

5 Colo.Law. 605

Colorado Lawyer

1976.

1976, May, Pg. 605.

Legislative Action Report

605Vol. 5, No. 5, Pg. 605Legislative Action Reportby Gordon G. GaussCBA public relations and legislative counselAn amendment to the Colorado Constitution restoring contested elections for judges---but placing them on a nonpartisan basis --- is being proposed by a Lakewood lawyer, Elias J. Candell, and four associates who have formed an organization "Elect Nonpartisan Judges." They hope to get the amendment on the November 2 general election ballot for a vote of the people by obtaining signatures of 63,040 qualified voters on petitions. Such petitions may be filed through July 2.

If approved, the amendment would end the terms of all justices and judges, except municipal judges, in January 1979 and would replace them with judges elected for four-year terms at the November 1978 election. For example, it appears that Denver voters would elect 51 judges each time from 102 candidates.

The amendment differs in several respects from the one proposed by Rep. Forrest Burns of Lamar in the legislature the past several years.

The title written by state officials for the Candell proposal:

An Amendment to Article VI of the Constitution of the State of Colorado providing for the nonpartisan election of all justices and judges except municipal judges; terminating the terms of office of all existing justices and judges; providing for four-year terms of office of all such future justices and judges; and providing for a jury of twelve which by a majority vote may remove justices and judges who impair access to information, or freedom of speech, writing or publication, or who evade mandatory sentencing laws.

Text GivenText of the Candell proposal reads:

"Be it enacted by the People of the State of Colorado:

"Article VI of the Constitution of the State of Colorado is amended by the addition of sections to read:

"Section 27. PURPOSES."The purposes of this amendment are to:

"1. Elect judges, on a nonpartisan basis; and

"2. Discipline errant judges.

"Section 28. ELECTION OF JUDGES."The present method of appointing judges, after secret committee meetings, deprives the people of their right to vote for and elect responsive judges.

"Therefore, all justices and judges of courts of record, except municipal judges, shall hereafter be elected by the people, on a...